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HomeMy WebLinkAboutGlobal_Urban_Strategies_Agreement_AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Global Urban Strategies, Inc., hereinafter referred to as Consultant. W I T N E S S E T H: WHEREAS, the City wants to engage Consultant to furnish on-call communication support services. WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to do so, which has been accepted by City. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, for two years, at the end of the term, there will be an option to extend and additional one year by mutual written consent. 2. INCORPORATION BY REFERENCE City RFQ for on-call communications support consulting and Consultant’s proposal dated November 19, 2021, is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. To the extent that there are any conflicts between the Consultant's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation as set for in Exhibit A. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and Agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in Exhibit A. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 1/25/2022 | 10:31 AM PST 5.AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City. 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. 7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, addressed as follows: City Whitney Szentesi Public Communications Manager City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 (wszentes@slocity.org) Consultant/Consultant Global Urban Strategies, Inc. 2200 S. Fremont Ave., Suite 208 Alhambra, CA 91803 omar@global-urban.com 8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:______________________________ City Manager APPROVED AS TO FORM: _________________________________ ________________________________ City Attorney Consultant DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 2200 S. Fremont Avenue, Suite 208 Alhambra, CA 91803 www.global-urban.com Authorized Representative: Omar E. Hernandez, President (626) 545-2234 | Fax # (626) 389-5636 Submitted by Global Urban Strategies, Inc. Global Urban Strategies, Inc @globalurbanStrategies @globalurban.strategies CITY OF SAN LUIS OBISPO COMMUNICATIONS SUPPORT SERVICES Attn: Daniel Clancy 990 Palm Street, San Luis Obispo, CA, 93401 Due date: November 19, 2021 Exhibit A DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 02 1.COVER LETTER DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 03 November 19, 2021 Daniel Clancy Financial Analyst 990 Palm Street, San Luis Obispo, CA 93401 Dear Mr. Clancy, Global Urban Strategies, Inc. (Global) is pleased to submit our proposal for communications support services for the City of San Luis Obispo. Our firm has over 60 years of combined experience partnering with municipalities to develop their stories and improve their external communications. Our goal is to ensure that together we simplify and enhance your messages. Our clients typically have difficulty developing a simple message that conveys both the problem and the solutions taken to address those problems. Being a Certified Small Business and a Disabled Business Enterprise, we understand the need to maximize the messaging by simplifying it; if you confuse the message, you will lose the message. Our firm delivers results that will enable you to improve and simplify your message, reach your communication and marketing goals, and optimize internal and external communications. Together we will develop the messaging, and Global will deliver it by leveraging traditional, non-traditional, and digital media. We have the experience, personnel and resources necessary to assist you within a limited span of time. We are confident that we can guide your outreach and public engagement efforts in a manner that exceeds your expectations. If you or any team member have any questions or require additional information, please do not hesitate to contact me, Omar E. Hernandez, at (626) 545-2234 or at Omar@Global-Urban.com. Respectfully, Omar E. Hernandez President Global Urban Strategies, Inc. 2200 S. Fremont Avenue, Suite 208 Alhambra, CA 91803 omar@global-urban.com Phone: (626) 545-2234 | Fax # (626) 389-5636 www.global-urban.com DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 04 TABLE OF CONTENTS 1. Cover Letter 2. Relevant Experience of Key Personnel and the Firm a. Key Personnel Experience. b. Firm Experience. c. General Firm Information. 3. Fee Structure 4. Client References p. 05 p. 02 p.15 p.17 p.18 p.20 p. 06 DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 05 2.RELEVANT EXPERIENCE OF KEY PERSONNEL AND THE FIRM DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 06 Steven LyPartnersteven@global-urban.comOmar E. HernandezPresident / Project Manageromar@global-urban.comKatherine FuentesGraphic Ar�stkat@global-urban.comAngélica MejíaGraphic Ar�stangie@global-urban.comJackeline LandaArt Directorjackie@global-urban.comNora GaitanAdministra�onnora@global-urban.comKelly PetersonWriter and Editorkelly@global-urban.com Cinthia IniguezCommunity Liaisoncinthia@global-urban.comKEY PERSONNEL EXPERIENCEDocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 07 A bilingual professional with over twenty-three years of experience leading companies that specialize in the fields of governmental advocacy, project management, business administration, strategic planning, marketing, community engagement and education. Excellent interpersonal, analytical and organizational skills. OMAR E. HERNANDEZ PRESIDENT EDUCATION University of Southern California, Los Angeles, CA. Master of Business Administration University of Southern California, Los Angeles, CA. Political Science, Minor Business East Los Angeles College, Monterey Park, CA. General Education Requirements Media Buying Academy Dale Carnegie Professional Development Course USC Bridges to Business Certification LANGUAGES Has administered Home Improvement Programs, First Time Homebuyers Programs and Mobile Home Repair Programs for over 15 years. He has personally overseen projects over 400 loans utilizing Home, CDBG and CalHome funding. Spearheaded projects that intertwined various sectors for a diverse group of clients throughout California. Has successfully contributed to the development of over 1.2 billion dollars’ worth of housing and commercial projects in which we were retained to provide outreach and education to the community; obtained entitlements and sought community engagement while ensuring that stakeholders on the various projects were well versed on all relevant project matters. Assists multiple municipalities, private businesses and non- profits within California to advocate for their issues and concerns to numerous state and federal agencies. Provided clients innovative, technology driven solutions that enhanced their data collection methods and improved their analytic based decision making. Conducted a multitude of public scoping, and design charrettes that were engaging and deciphered the community’s wants versus their needs. Provided strategic consulting and crisis communications consulting to clients that were undergoing various organizational losses caused by internal and external factors. Facilitated community engagement on various contentious projects whose Environmental Impact Reports necessitated the need for a more comprehensive multilingual communications and educational strategy. Developed coalition of cities within the San Gabriel Valley to advocate on behalf of the Eastside Gold line Extension Phase 2. Successfully assisted in the development of the MOU’s between 6 cities and created a collaborative spending plan to split costs equally. Was able to bring the community, stakeholders and community- based organizations to advocate on behalf of the project. PROFESSIONAL EXPERIENCE Global Urban Strategies, Inc. August 2004-Present President/ Project Manager SpanishEnglish KEY PERSONNEL EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 08 RECOGNITIONS AND AWARDS Perfectly Planned Marketing, Inc. October 2000- March 2005 President/ Chief Executive Officer United States Marine Corps. May 1989-February 1995 Sergeant, Forward Observer Started and successfully administered a full-service political, marketing, advertising and public relations firm with 43 full-time staff members. Completed various contracts for clients including the U.S. Department of Agriculture, Kaiser Permanente, Lincoln Hospital, Regency Outdoor, Clinica Medica Familiar, Margarita Jones, LLC, Laugh Out Loud, LLC, Padres Contra el Cancer, Prosperity Records, Baca and Associates, PriMed Medical Group and the Los Angeles Unified School District, La Terra Development, Valley Vista Services, and the Assembly member Marco Antonio Firebaugh. (4) Dean’s Award (3.5 or higher) · President’s Award (3.5 or higher, 3 consecutive semesters) United Nations Medal · Kuwait Liberation Medal · (2) Good Conduct Medal Meritorious Unit Citation ·National Defense Medal · (2) Meritorious Masts Certificate of Appreciation (USC MAAA) · Honorable Discharge · Award of Merit (LA County) (3) Commendations (LA County) · (2) Certificates of Appreciation (City of Los Angeles) Certificate of Recognition (50th Assembly District) Certificate of Recognition (57th Assembly District) Certificate of Recognition (30th Senate District) Certificate of Recognition (22nd Senate District) COMPUTER SKILLS Platforms: Windows, Macintosh Tools: Adobe (Photoshop, Illustrator, Premier), Pro- Tools, Microsoft (Word, Excel, PowerPoint, FrontPage, Outlook, Access, OneNote, Publisher, Project), SmartComment, QuarkXPress, FileMaker Pro, Act. Coordinated and directed strategic weaponry upon military targets as the advanced forward observer. Was responsible for the leadership, development, logistical and operational well-being of 300 marines. As a non-commissioned officer was responsible for the implementation of directives given by company commanders, instructed and disciplined Marines in hostile and non-hostile territories. Disabled Veteran- Deployed to Operations Desert Shield/Storm (Gulf War) and Operation Restore Hope (Somalia). DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 09 The United States Army Reserve provides augmented military support to the country’s defense. Soldiers generally train one weekend a month and two weeks a year in preparation to serve the country as needed. Company Commander Leads a 160 man section, directly supervising 6 section (department) leaders to ensure readiness, training, and Soldier development standards. Platoon Leader Leads a 40 man section and directly supervising 4 supervisors (Squad Leaders) to ensure Soldier readiness and training standards are met. Oversees and responsible for $50 million of assigned equipment and vehicles with no loss or significant damage. Certified Environmental Officer, capable of evaluating and validating base utilities and setup. United States Army Reserve 2014 - Current With over 15 years of corporate, non-profit, and government experience, Steven Ly has coordinated and facilitated over 100 workshops, community events, and townhalls. He is also experienced in coordinating press support, coalition engagement and grassroots development. Bilingual in Chinese (spoken Cantonese and Mandarin), he is able to also interact and communicate with the fastest growing non-English speaking demographic in California. B.A. Degree in Political Science and Public Policy UCLA 2003 to 2007 U.S. Army Environmental Officer Certification 2019 Global Urban Strategies, Inc. September 2017-Present Partner Mr. Ly manages Global Urban Strategies outreach, public affairs and research support for clients on public works, transportation and infrastructure policy and issues. Since joining Global, Mr. Ly has coordinated four public work grants, managed two client cities’ air quality issues, and managed water policy for its clients. Mr. Ly manages Global Urban Strategies Asian/Pacific Islander (API) outreach strategies. He is critical to the communications efforts for our team as we communicate our clients’ needs and services to the number one growing demographic in the United States. Currently represents two statewide member (501c6) associations, providing staff support and public affairs consulting as needed with regulatory and legislative bodies. STEVEN LY PARTNER / COMMUNITY LIAISON EDUCATION LANGUAGES ChineseEnglish PROFESSIONAL EXPERIENCE KEY PERSONNEL EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 10 Coordinated efforts with Port of Long Beach and City of Long Beach on water quality and infrastructure as it relates to business mandates Served as the chief lobbyist on behalf of the Chamber’s membership: analyzing, coordinating positions and advocating on over 100 legislative and regulatory proposals at the federal, state and local levels. Worked with Board Chairman and board members to preserve the Enterprise-Zones Tax Credit program in the state budget through meetings with legislators and Governor’s finance department. A local government relations and political consulting firm whose clients include Walmart, Construction Industry on Air and Water Quality, and local elected officials. Provided staff support and policy research for the Construction Industry on Air Quality and Construction Industry on Water Quality. Lobbied, consulted, attended and spoke at public meetings, and developed working relations with various community groups and leaders in Rosemead to for a Fortune 500 retail company. Designed, drafted, and edited memos, campaign literature, press releases, brochures, and other statements to correspond to our stances and candidates. San Gabriel Valley Regional Chamber of Commerce 2009-2014 The Regional Chamber is the business voice for the San Gabriel Valley region. The Chamber is provides membership resources, events and a robust government advocacy program. Chief Executive Officer Implemented strategies that were developed with a 15-member board which led to the elimination of chamber debt, an increase in profitability from events, and increase in membership. Established the region’s first-ever and profitable Green Business Conference, bringing together business and community stakeholders to showcase regulatory updates and program incentives Managed member-businesses positions and policies with cities, the South Coast Air Quality Management District and the Regional Water Quality Control Board – Los Angeles Government Affairs Manager Developed and managed the chamber’s government affairs program, including drafting white papers, advocacy articles, and press releases on over 100 legislative and regulatory proposals. Created and published the region’s first-ever annual legislative scorecard, which provided grading of local elected officials’ positions. Long Beach Area Chamber of Commerce 2008 – 2009 Vice President of Public Policy Lewis and Company 2005 – 2007 Marketing and Outreach Coordinator This Chamber is the premier business resource and advocacy organization for Long Beach area. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 11 Bachelor of Arts California State University, Los Angeles Los Angeles, CA Sociology option in Law and Society 07/2021 Honors: cum laude Dean’s List Honoree (Fall 2019) (Fall 2020) (Spring 2021) Associate of Arts East Los Angeles College Monterey Park, CA General Studies: Social and Behavioral Sciences, 06/2019 Shakey’s Pizza Parlor October 2019- Current Assistant Manager Complete at home projects. Reach out and find resources for organization. Create online platforms for students. Hillsides March 2020-May 2020 Sociology Internship CINTHIA INIGUEZ COMMUNITY LIAISON EDUCATION PROFESSIONAL EXPERIENCE Monitor and supervise day- to-day restaurant and shift operations. Take food, supply and merchandise inventory and place orders to restock. Create, maintain, and enter information into databases. Hold interviews, hire and complete paperwork. Collaborate with General Manager to manage cost and deliver store performance. Train and coach shift leaders and team member to execute company policies. Create weekly shift schedule for management and team members. Mentor staff to enhance skills and achieve daily targets, using hands-on and motivational leadership. LANGUAGES SpanishEnglish KEY PERSONNEL EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 12 Time management Customer relations Bilingual (English/Spanish) Orientating and training Business development Problem-solving abilities High-energy attitude Delegate and Mediate Detail oriented Written and Oral Communication Microsoft Office Stocked server areas with supplies before, during and after shifts. Checked on guests to verify satisfaction with meals and suggested additional items to increase restaurant sales. Maintained accuracy while handling payments, giving change. Stored food in designated areas following wrapping, dating, food safety and rotation procedures. Communicated with seated guests for outstanding customer service. Immediately bussed tables when guests left to prepare for next group. Shakey’s Pizza Parlor April 2014- April 2016 Waitress New Store Opening (NSO) Team Trained and developed a new team in Escondido, CA for the grand opening of a new Shakey’s corporate store. Apprenticeship Program Program develops current restaurant and food service employees with the opportunity to advance their careers. SKILLS ACCOMPLISHMENTS Maintain proper food handling procedures. Use computers for various applications, such as MS Word, Excel and Outlook. Collect and deposit money. Enter invoices, keep records of collections and disbursements. Set up and manage paper or electronic filing systems. Complete forms in accordance with company procedures. Positioned skilled staff in key areas throughout shift to optimize department productivity. Complied with company safety procedures, policies and regulations to promote safe working environment. Delegated tasks to employees and monitored activities and task completion. Shakey’s Pizza Parlor April 2016- October 2019 Shift Leader DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 13 A talented and highly creative Art Director with extensive experience leading teams focused to deliver effective collateral designs and communications support. Ms. Landa’s collaborative spirit and interpersonal skills make her a dynamic team player with well-developed written and verbal communication skills. She is a passionate and innovative content creator of marketing and community outreach campaigns. JACKELINE LANDA ART DIRECTOR Masters in Communication, Central American University Jose Simeon Cañas Bachelor’s Degree in Graphic Design, Don Bosco University (Specialization in Marketing) Postgraduate in Strategic Management, Central American University Jose Simeon Cañas EDUCATION PROFESSIONAL EXPERIENCE Global Urban Strategies, Inc. 2018 – Present Art Director Advertising Graphic Arts 2016 – 2018 Account Executive Provides artistic direction for projects of various scales and end products for print and digital media. Experienced in the conceptual development of marketing campaigns that incorporate design elements, branding integration, digital, and social media platforms. Incorporated infographics to visually convey complex messages into easy to understand graphics. Transconsfigures the visual identity for multiple clients. Develops community-friendly messaging that accounts for economic and social messaging. Develops collateral material to effectively garner community participation for multiple projects and stakeholder events. Developed a highly skilled knowledge in 4-color (CMYK), spot or PMS color printing, color matching, varnish, high-end finishes, type of papers, file setup and print proofing to be able to advise their customers. Provided personalized support to customers to meet their specific needs. Built a strong communication with the press production, delivering clear instructions, helping both the Company and clients to optimize their time management. Followed up each project in process to ensure quality and deadline were being met. LANGUAGES SpanishEnglish KEY PERSONNEL EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 14 TexOps (International Textile Company) 2011 - 2014 Graphic Designer / Digital Printing Technician Developed the internal Digital Printing area and established the Print area department. Highly trained digital printing technician. Trained team in color profiling, print files setup, printing software administration, printer maintenance, and sublimation. Deadline-driven for the printing process to meet the brand release timelines. Independent Contractor 2015 – 2016 Created various graphic design materials: branding, editorial design, packaging, web design, and animation projects. Developed training in color profiling, digital printing, printing software and sublimation for textile companies. Taught typography courses to graphic design students, focused on functional eye-catching design, applied to brands, newspapers, magazines, and advertising. COMPUTER SKILLS Platform: Mac OSX & Windows Tools: Adobe Illustrator, Photoshop, InDesign, After Effects, Ergosoft TexPrint 14, Microsoft Word, Excel, PowerPoint. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 15 On January 14, 2020, a Delta-owned-and-operated airplane inadvertently dropped its fuel over the Southeast Los Angeles community, primarily affecting the City of Cudahy, some neighboring cities, schools, and other institutions. Global Urban Strategies, Inc (Global) was retained by the City of Cudahy to provide emergency crisis support, communications, and media engagement on behalf of the City. City officials briefed the Global team regarding the incidents that led to and after the Delta jet dumping of the fuel over the City. The brief included information about the impacted schools within the area. Based on that information, Global began strategizing, planning, and executing responses in support of, and on behalf of, the City. 1 Crisis Management – Delta Fuel Dump Crisis City of Cudahy The Global team responded quickly and managed the media, as well as other tasks at hand, that included but not limited to: • Media Engagement/Coordination • Collateral materials • Canvassing • Elected Officials Engagement • Organized Community Town Hall within one week 1 SENATOR BILL GREENE SPORTS COMPLEX APRIL 2020 https://achieve.lausd.net/resources https://www.informedimmigrant.com/guides/coronavirus/ http://mwdh2o.com/PDF_NewsRoom/COVID-19_FAQ.pdf#search=covid%2D19 https://dcba.lacounty.gov/portfolio/price-gouging/ https://www.socalgas.com/coronavirus https://www.sce.com/safety/coronavirus https://2020census.gov/en/response-rates.html https://americassbdc.org/coronavirus-information/ https://www.uschamber.com/co/small-business-coronavirus https://www.instagram.com/cityofcudahyca/ https://www.facebook.com/CityofCudahy/ https://twitter.com/CityOfCudahyCA /www.gov.ca.gov/wp-content/uploads/2020/03/3.27.20-EO-N-37-20.pdf The City of Cudahy stands behind its motto: Open Minds, Open Doors. During the COVID-19 health pandemic, we commend all city residents and business owners for stepping up and embracing their new roles and responsibilities. Due to new mandates issued by local, State, and Federal authorities, we have witnessed parents preparing to homeschool their children, businesses donating goods to support those times of their own. Despite their problems, many continue to volunteer time to distribute meals to students, families, and senior citizens. Together our community is uniting to honor our motto: Open Minds, Open Doors. diligently during the COVID-19 crisis to keep residents informed despite City Hall not being open to the public. To protect the health of the community and your City employees, all city events are postponed; the senior center and recreational facilities are closed. However, we are being proactive and coordinating several activities, including caring for our senior citizens by delivering free meals, as well as distributing thousands of Grab & Go lunches at Ellen Ochoa Learning Mayor and City Council are tracking and advocating for policies to protect against evictions and to protect our community from working with state and federal leaders to review the $2 trillion federal stimulus millions of people and business owners. We are analyzing the stimulus to identify every dollar that belongs to Cudahy. community resources immediately available to all in need: meals for delivery to all Cudahy senior citizens over the age of 65. Please contact Cudahy Parks & Recreation Department at (323) 773-5143, ext. 232, or email vsantiago@cityofcudahyca.gov. The City, in partnership with Innovative College” webinar for parents/students on Friday, April 3rd, from 6:30 pm - 7:30 pm. We will keep you informed on future webinars. The City of Cudahy lifted the overnight parking restrictions until April 20th, 2020. provides free Grab & Go Meals to all students in Southeast Los Angeles. Daily free Grab & Go Meals for community members of all ages courtesy of City of Youth, Centro Evangelista Ebenezer & Southeast Rio Vista YMCA of Maywood. Available from 1:00 pm - 2:00 pm, while supplies last. The City has set-up hotlines for Cudahy residents. Feel free to call the Senior Hotline at 323-306-5154 or Weekend Hotline at 323-282-5604 if you have questions or concerns. Follow us on social media to learn more about what we have planned for Easter. resources and reporting on COVID-19 to ensure our community remains informed. We invite you to follow us on social media and to let us know how we may continue to support you. Information will continue to be shared daily via our social media platforms and our website. Should you like to opt-in to our e-newsletter, please email info@cityofcudahyca.gov with your contact information, including your email address, and we will add you to our mailing list. Please note the information in the e-newsletter is subject to change without notice. Stay up to date and informed through our social media platforms. On March 27, 2020, Governor Newsom issued Executive Order N-37-20 which suspends a landlord’s ability to evict a tenant Click here for more information on Executive Order N-37-20. RESOURCES LA County emphasizes protections for tenants COVID-19 Have questions you can call the County Operator at (213) 974-1234 Resources for Immigrants during COVID-19 crisis UTILITIES Central Basin Municipal Water District Frequently Asked Questions About COVID-19 and Water Supply Price Gouging SoCalGas COVID-19 Support & Response for Customers Southern California Edison Resources during COVID-19 CENSUS 2020 Get Counted Census 2020 SMALL BUSINESS: Available Small Business Resources during COVID-19 crisis COVID-19 Small Business Guide State of California Moratorium on Evictions OPEN MINDS. OPEN DOORS. www.cityofcudahy.com @CityofCudahy @CityofCudahyCA @CityofCudahyCA For more information, please call Cudahy City Hall at 323-773-5143. TheSeniorFood Program Southeast Rio VistaYMCA (323) 588-2256 4801 E. 58th Street Maywood South Gate ParkSenior Center (323) 357-9662 4855 Tweedy Blvd South Gate Bell GardensSenior Center (562) 334-1779 6722 Clara Street South Gate Beginning Wednesday, March 18th,Seniors will be able to pick up to 10 frozen/shelf stable meals at the following locations: FIRM EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 16 The California Contract Cities Association (CCCA), a 73-member municipal organization, retained Global in 2017 to develop and manage its branding and graphics campaign. Global’s art and branding team manage CCCA’s complete portfolio of designs to include the association’s events and conferences, meetings, advocacy programs, special events, and day-to-day collateral. The ongoing project included a complete overhaul and rebranding campaign to realign the organization to a modern design for everything from business cards to printed and digital campaigns. Since the start of the contract, Global has designed over 1,000 different graphics and brands, including providing live-time support for presentations and engagement opportunities. Global also led the branding campaign for CCCA’s signature Spring Conferences, Fall Conference, Sacramento Legislative Advocacy Days, and other events. 2 California Contract Cities Association Branding and Graphic Design Campaign FIRM EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 17 In early 2021, The City of Oceanside retained Global to help coordinate the public outreach and engagement and the overall grant application for the largest open space project in the City, the El Corazon Park site. Global was able to work with the City to ensure public outreach efforts would engage all communities while being conducted in a format that would acknowledge the current global pandemic environment. Global hosted five public (virtual) design charettes with the City, which saw over 200 residents participate in a bi-lingual setting and simulcast. Global also designed and distributed four surveys having over 4000 responses in two languages as part of the outreach. The result was a successful grant submission that exceeded public engagement requirements while fully integrating public input in the overall park design and amenities. 3 City of Oceanside Proposition 68/El Corazon Park (Site 1) GENERAL FIRM INFORMATION: Local Company (headquarters): 2200 S. Fremont Avenue, Suite 208 Alhambra, CA 91803 Telephone Numbers: Phone: (626) 545-2234 Fax # (626) 389-5636 Legal name Global Urban Strategies, Inc.Year Founded 2016 Business entity status: C - Corporation. Number of employees: 13 Employees FIRM EXPERIENCE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 18 3.FEE STRUCTURE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 19 The hourly fees above are all-inclusive. MAILING FEES Cost Plus 15% Cost Plus 15% Omar E. Hernandez Steven Ly $130 SENIOR STAFF Cinthia Iniguez $100 COMMUNITY LIAISON Kelly Peterson $100 WRITER AND EDITOR Nora Gaitan $65 ADMINISTRATION SUPPORT Jackeline Landa Katherine Fuentes Angelica Mejia $90 $80 $75 GRAPHIC DESIGN REPRODUCTION FEES Paper Size 8.5” x 11” (B/W) $0.65 cents per page $0.18 cents per page (Color) BINDING FEES FEE STRUCTURE DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 20 4.REFERENCES DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 21 CLIENT REFERENCES City of Bell Gardens City of El Monte City of Rosemead Michael O’Kelly / City Manager Alma Martinez / City Manager Gloria Molleda / City Manager (562) 806-7702 (818) 400-4995 (818) 400-4995 7100 Garfield Ave. 11333 Valley Blvd. 8838 E Valley Blvd. Bell Gardens, CA 90201 El Monte, CA 91731 Rosemead, CA 91770 Obtained over 16 million dollars in funding on behalf of the the City in a year and a half. Developed community outreach forums and design charrettes. Created renderings and graphic design elements to assist with the publicity of projects and events. Manage the CalHome Program on behalf of the City. Cost: $200,000 / Year Type of Service Provided: Grant Writing, Community Engagement, Graphic Design, Grant Administration. Developed press releases, external communications and graphic design. Wrote talking points for speeches on various topics. Engaged the community to obtain consensus on contentious issues within the City. Cost: $80,000 / Year Type of Service Provided: Grant Writing, Communications Consultant, Graphic Design, and Community Engagement. Developed graphic designs and communications, assisted the City in obtaining State and Federal funding for parks and transportation projects. Established and facilitated the community engagements for various projects. Cost: $50,000 / Year Type of Service Provided: Graphic Design, Grant Writing, Community Engagement, Transportation Liaison. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC Global Urban Strategies, Inc @globalurbanStrategies @globalurban.strategies DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC Notice requesting qualifications (RFQ) for on-call consulting for communications support services. The City of San Luis Obispo is requesting proposals from qualified vendors to furnish communications support services. All proposers must register with BidSync at www.BidSync.com, where proposers can obtain RFQ packages and submit questions. All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be required to complete a free registration using BidSync ( https://www.bidsync.com/bidsync- appweb/vendor/register/Login.xhtml). All proposals must be on BidSync at or before 3:00 PM on November 19, 2021, when they are opened electronically on BidSync. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Specification packages and additional information may be obtained at the City's BidSync website at www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org with questions. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC Section A DESCRIPTION OF WORK The City of San Luis Obispo ("City") seeks qualifications for communications support services to enhance community outreach and engagement through more robust and coordinated communication functions within the City. I. GENERAL The goal is to ensure mutually beneficial, two-way communication with external (such as residents, non- profit service providers, business owners and operators, business community representatives, other governmental agencies, among others) and internal audiences about City issues and services, leading to a more responsive government and a high level of public confidence. It is anticipated that the outcome from this effort will be increased community satisfaction with City communication. Currently, the use of contract services helps to streamline communication processes to get important information to community members more quickly and, internally, to ensure effective and efficient exchange of information between City departments and employees. The focus of the consultant work will continue to be on communication planning, content creation, community and media outreach training, strategic communications counsel, and support on emergent communications issues as needed. The Consultant will work through a single point of contact in the City's Administration Department, such as the Public Communications Manager or their designee. A sample scope of work is provided; however, final scopes of work will be determined with the selected Consultant as a part of any contract during negotiations. II. SCOPE OF WORK 1. Strategic public outreach, information and engagement planning 2. Public information distribution 3. Emergency communications services 4. Brand awareness strategies 5. Media planning and buying 6. Small projects - content creation, including a. Full-service graphic design b. Light graphic design projects c. Video and photography production d. Key messages development e. Speechwriting and editorial content f. Media relations and news releases g. Informational, educational, social media posts 7. Construction project information facilitation 8. Stakeholder engagement and information gathering III. SUBMITTAL CONTENT 1. Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC Consultant and expressing the Consultant's interest in being considered for on-call consulting services, clearly identifying the applicable sub-area(s) of interest. The letter of interest should also include all of the following: a. Provide the name of the entity, its mailing address, telephone, facsimile number. Please describe the organization. b. Indicate that the Consultant has the availability and time to dedicate the personnel and resources necessary to provide on-call consulting services. c. Indicate that the Consultant has the minimum qualifications listed in Section III above. d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ. e. If selected to provide on-call consulting services, the Consultant will be expected to sign a service provider agreement with the City. f. Please identify the contact person responsible for the submittal, specifying the name, title, and contact information. g. Please note that the person signing the letter of interest must be a legal representative of the Consultant authorized to bind the Consultant to an agreement in the event of an award. 2. Relevant Experience of Key Personnel and the Firm (10-page maximum). a. Key Personnel Experience. The submittal must identify the key personnel that is to be assigned if awarded a contract, detailing their qualifications, areas of expertise, a summary of their past experience performing similar services for other jurisdictions, and a resume of each key personnel, including experience working with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. b. Firm Experience. The submittal must describe the Firm's pertinent project experience, including a list of performed relevant projects, past performance, individual or team accomplishments, and examples of similar work for San Luis Obispo or neighboring jurisdictions in California, including experience working with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. c. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and the number of years in business may also be provided. Please note that general firm information is not a substitute for the specific information requested in Sections IV.2.a and b above. 3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed statement of hourly rates for all positions and classifications of individuals involved and reimbursable expenses. Please also include the rates for a project-by-project basis, as noted in the sample Scope of Work above. 4. Client References. Consultants must provide a minimum of three (3) client references. IV. ADDITIONAL SERVICES If there are related services not otherwise identified in the City's RFQ, the Proposer may offer those to the City. Proposals are not required to address any additional services in order to be considered an acceptable proposal. However, the final selection of the successful Proposer may be based on the desirability of the additional services offered. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC V. SELECTION PROCESS Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have relevant knowledge and experience. The panel will score the proposals based upon the qualification materials submitted according to the following criteria: 1. Letter of Interest. Availability demonstrated the capacity and qualifications necessary to provide the consulting services specified in the RFQ. Ability to meet standard City contract and insurance requirements. 2. Relevant Experience. a. Demonstrated ability, based on consultant experience and specific experience of key personnel, to provide technical assistance on the types of tasks listed in the RFQ. Consultants need not necessarily be experts in every task in a given sub-area in order to achieve a favorable score. b. Prior experience, including the ability to work with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. (30 Points Maximum) 3. Responsiveness to the RFQ. Presentation, completeness, and clarity of information provided. 4. Fee Structure. The Consultant's cost competitiveness and reasonableness. (20 Points Maximum) 5. Client References. (Pass/Fail) The submittals will be scored on a zero to 100-point scale, excluding bonus points. Consultants who qualify will be placed on the list of qualified on-call consultants for each subarea. Placement on the list of qualified on-call consultants is not a guarantee of work and does not constitute a commitment by the City to enter into a contract with the Consultant. As appropriate, the City may conduct an additional competitive process (e.g., solicit bids or issue Requests for Proposals) prior to awarding contracts. The City anticipates that all services will be on an as-needed or on-call basis. IV. ADDITIONAL TERMS AND CONDITIONS A. Nondiscrimination. The City will not discriminate against any interested consultant on the grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation. B. Cit y's Right to Mod if y RFQ. The City reserves the right at its sole discretion to modify this RFQ (including but not limited to the selection criteria) should the City deem that it is in its best interests to do so. Any changes to the proposal requirements will be made by written addendum. The failure of a consultant to read the latest addendums shall have no effect on the validity of such modification. C. Cit y's Right to Cancel RFQ. The City reserves the right at its sole discretion to cancel this RFQ in part or in its entirety should the City deem that it is in the City's best interests to do so. D. Cit y's Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all submittals should the City deem that it is in its best interests to do so. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC E. Cit y's Right to Ext en d RFQ D eadlines. The City reserves the right to extend the deadline for submittals by written addendum should the City deem that it is in its best interests to do so. F. City Right to Negotiate With Consultants. The City reserves the right to negotiate with the consultants on the list of qualified on-call consultants regarding their exceptions to the standard service provider agreement, if any, or regarding other price and terms in their submittals and to require the selected Consultant to submit such technical, price, or other revisions of their submittals as may result from negotiations. G. Standard Form Service Provider Agreement & Insurance. Consultants acknowledge that placement on the list of qualified on-call consultants does not commit the City to award a contract. For any project, the City reserves the right to award a contract to consultants (1) that are on the list of qualified on-call consultants; (2) that have an existing contract with the City, or (3) that are selected through a separate competitive process. Consultants on the list of qualified on-call consultants who are awarded a contract will be expected to sign a service provider agreement with the City. The standard service provider agreement and associated insurance requirements are attached as Attachment B. Comments or exceptions, if any, to the standard service provider agreement and/or insurance requirements must be noted in the Letter of Interest. It is understood that consultants have reviewed the service provider agreement (Attachment B) and will take exception only to those items identified in their Letter of Interest. Neither review of the submittal by the City nor placement on the list of qualified on-call consultants constitutes an acceptance by the City of the Proposer's recommended changes to the service provider agreement. If there are any concerns or proposed exceptions requested to the standard service provider agreement, these issues will be discussed at the time the City awards a contract, if any. H. Cost of Submittals. All costs incurred during submittal preparation or in any way associated with the Consultant's preparations or submission shall be the sole responsibility of the Consultant. I. Liability for Submittal Errors. Consultants are liable for all errors and omissions contained in their submittals. J. Permits and Licenses. Consultants, at their sole expense, shall obtain and maintain during the term of any agreement all appropriate permits, certificates, and licenses including, but not limited to, a City Business License, which will be required in connection with the performance of on-call consulting services. VII. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS 1. All works submitted to and accepted by the City must be an original piece created by the Contractor. 2. All works submitted by the Contractor must be in standard U.S. English and adhere to the Branding and Style Guide. 3. All works must be submitted in Microsoft Word format and include a headline pertaining to the work in bold. The work should appear in a non-bolded Calibri, 12-point font. 4. The City reserves the right to use all submitted works in current and/or future forms of current media and/or media to be developed. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC Proposed Timeline Release RFQ October 22, 2021 Questions and Answer Deadline November 12, 2021 – 2 pm RFQ opening date (submission deadline) November 19, 2021 – 2 pm Evaluation of proposals November 19 – December 3, 2021 Selection & Contract Signing December 3 – 10, 2021 DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [date], by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR'S OR CONSULTANT'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor or Consultant. W I T N E S S E T H: WHEREAS, the City wants to [generally describe the service we want to be performed]. WHEREAS, [Contractor/Consultant] is qualified to perform this type of service and has submitted a [proposal/quote * please always get a proposal in writing] to do so, which has been accepted by City. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until [DATE] and acceptance or completion of said services. 2. INCORPORATION BY REFERENCE City RFQ ______ and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City's terms and conditions are hereby incorporated in and made a part of this Agreement as Exhibit B. To the extent that there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation [______________]. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in ______ DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City [DEPT] City of San Luis Obispo Contractor/Consultant Name 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ [City Manager Or Dept Head] APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC GENERAL TERMS AND CONDITIONS 1. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of the City's Request for Proposal referenced in paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing between the parties. If the Agreement is entered into outside of a Request for Proposal, Contractor shall provide proof of insurance in the form of coverages and amounts specified in Exhibit C. 2. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 3. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, City, and special district laws, ordinances, and regulations. 4. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 6. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 8. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 9. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 11. Contractor Nondiscrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 12. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 13. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 15. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 16. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 17. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a "construction contract" as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a "design professional", and the Scope of Services require Consultant to provide "design professional services" as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents ("City Indemnitees"), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC under this paragraph exceed Consultant's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant's work or work product by any indemnified party shall not affect, relieve or reduce the Consultant's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 18. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 19. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City's liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City's directions as to work in progress and finished goods. 20. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC INSURANCE REQUIREMENTS: Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the Consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully three contracts performed by your Firm within the last five years that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your Firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and link to final report Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and link to final report Reference No. 3 Customer Name Contact Individual Telephone & FAX number DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC Street Address City, State, Zip Code Description of services provided including contract amount, when provided and link to final report DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The bidder shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼ Do you have any disqualification as described in the above paragraph to declare? Yes No ◼ If yes, explain the circumstances. Executed on _________ at ________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Signature of Authorized Bidder Representative DocuSign Envelope ID: 7C23C4A2-7FD2-4231-AA60-231CB03FEEDC